Management Directive - 715 Report - EEOC Form 715-01(Part A - D)

Essential Element A: DEMONSTRATED COMMITMENT FROM AGENCY LEADERSHIP Requires the agency head to issue written policy statements ensuring a workplace free of discriminatory harassment and a commitment to equal employment opportunity.

Compliance Indicator

EEO policy statements are up-to-date.

Measure has been met

For all unmet measures, provide a brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency’s status report

Measures

Yes

No

A1.The Agency Head was installed on 05/26/06. The EEO policy statement was issued on 07/24/06.

Was the EEO policy Statement issued within 6-9 months of the installation of the Agency Head? If no, provide an explanation.

X

EEO Policy Statement signed on 07/24/06.

A2. During the current Agency Head’s tenure, has the EEO policy Statement been re-issued annually?

If no, provide an explanation.

X

EEO Policy Statement effective throughout the appointment of the FHWA Administrator.

A3. Are new employees provided a copy of the EEO policy statement during orientation?

X

A4. When an employee is promoted into the supervisory ranks, is s/he provided a copy of the EEO policy statement?

X

Compliance Indicator

EEO policy statements have been communicated to all employees.

Measure has been met

For all unmet measures, provide a brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency’s status report

Measures

Yes

No

A5. Have the heads of subordinate reporting components communicated support of all agency EEO policies through the ranks?

X

A6. Has the agency made written materials available to all employees and applicants, informing them of the variety of EEO programs and administrative and judicial remedial procedures available to them?

X

A7. Has the agency prominently posted such written materials in all personnel offices, EEO offices, and on the agency’s internal website? [see 29 CFR §1614.102(b)(5)]

X

Compliance Indicator

Agency EEO policy is vigorously enforced by agency management.

Measure has been met

For all unmet measures, provide a brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency’s status report

Measures

Yes

No

A8. are managers and supervisors evaluated on their commitment to agency EEO policies and principles, including their efforts to:

A9. resolve problems/disagreements and other conflicts in their respective work environments as they arise?

X

The EEO element was updated for FY 2008.

A10. address concerns, whether perceived or real, raised by employees and following-up with appropriate action to correct or eliminate tension in the workplace?

X

The EEO element was updated for FY 2008.

A11. Support the agency’s EEO program through allocation of mission personnel to participate in community out-reach and recruitment programs with private employers, public schools and universities?

X

The EEO element was updated for FY 2008.

A12. ensure full cooperation of employees under his/her supervision with EEO office officials such as EEO Counselors, EEO Investigators, etc.?

X

The EEO element was updated for FY 2008.

A13. ensure a workplace that is free from all forms of discrimination, harassment and retaliation?

X

The EEO element was updated for FY 2008.

A14. ensure that subordinate supervisors have effective managerial, communication and interpersonal skills in order to supervise most effectively in a workplace with diverse employees and avoid disputes arising from ineffective communications?

X

The EEO element was updated for FY 2008.

A15. ensure the provision of requested religious accommodations when such accommodations do not cause an undue hardship?

X

The EEO element was updated for FY 2008.

A16. ensure the provision of requested disability accommodations to qualified individuals with disabilities when such accommodations do not cause an undue hardship?

X

The EEO element was updated for FY 2008.

A17. Have all employees been informed about what behaviors are inappropriate in the workplace and that this behavior may result in disciplinary actions?

X

This information is discussed and provided during new employee orientation. In addition, the Office of Human Resources has the table of penalties contained in the FHWA Employee Handbook on the FHWA Staffnet.

A18. Describe what means were utilized by the agency to so inform its workforce about the penalties for unacceptable behavior.

A19. Have the procedures for reasonable accommodation for individuals with disabilities been made readily available/accessible to all employees by disseminating such procedures during orientation of new employees and by making such procedures available on the World Wide Web or Internet?

X

A20. Have managers and supervisor been trained on their responsibilities under the procedures for reasonable accommodation?

X

Essential Element B: INTEGRATION OF EEO INTO THE AGENCY’S STRATEGIC MISSIONRequires that the agency’s EEO programs be organized and structured to maintain a workplace that is free from discrimination in any of the agency’s policies, procedures or practices and supports the agency’s strategic mission.

Compliance Indicator

The reporting structure for the EEO Program provides the Principal EEO Official with appropriate authority and resources to effectively carry out a successful EEO Program.

Measure has been met

For all unmet measures, provide a brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency’s status report

Measures

Yes

No

B1. Is the EEO Director under the direct supervision of the agency head? [see 29 CFR §1614.102(b)(4)]

For subordinate level reporting components, is the EEO Director/Officer under the immediate supervision of the lower level component’s head official? (For example, does the Regional EEO Officer report to the Regional
Administrator?)

X

Reports directly to the Executive Director.

B2. Are the duties and responsibilities of EEO officials clearly defined?

X

B3.Do the EEO officials have the knowledge, skills, and abilities to carry out the duties and responsibilities of their positions?

X

B4. If the agency has 2nd level reporting components, are there organizational charts that clearly define the reporting structure for EEO programs?

X

B5. If the agency has 2nd level reporting components, does the agency-wide EEO Director have authority for the EEO programs within the subordinate reporting components?

X

The Division Administrators are responsible for this function.

B6. If not, please describe how EEO program authority is delegated to subordinate reporting components.

Compliance Indicator

The EEO Director and other EEO professional staff responsible for EEO programs have regular and effective means of informing the agency head and senior management officials of the status of EEO programs and are involved in, and consulted on, management/personnel actions.

Measure has been met

For all unmet measures, provide a brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency’s status report

Measures

Yes

No

B7. Does the EEO Director/Officer have a regular and effective means of informing the agency head and other top management officials of the effectiveness, efficiency and legal compliance of the agency’s EEO program?

X

B8. Following the submission of the immediately preceding FORM 715-01, did the EEO Director/Officer present to the head of the agency and other senior officials the "State of the Agency" briefing covering all components of the EEO report, including an assessment of the performance of the agency in each of the six elements of the Model EEO Program and a report on the progress of the agency in completing its barrier analysis including any barriers it identified and/or eliminated or reduced the impact of?

X

The Acting Associate Administrator for Civil Rights conducted periodic meetings with the former FHWA Administrator and the Executive Director.

B10. Does the agency consider whether any group of employees or applicants might be negatively impacted prior to making human resource decisions such as re-organizations and re-alignments?

X

This was done informally for three reorganizations in 2004. FHWA will document a formal process.

B11. Are management/personnel policies, procedures and practices examined at regular intervals to assess whether there are hidden impediments to the realization of equality of opportunity for any group(s) of employees or applicants? [see 29 C.F.R. § 1614.102(b)(3)]

X

The Office of Human Resources has gathered data for the MD-715 Work Group's use in analyzing this measure.

B12. Is the EEO Director included in the agency’s strategic planning, especially the agency’s human capital plan, regarding succession planning, training, etc., to ensure that EEO concerns are integrated into the agency’s strategic mission?

X

Compliance Indicator

The agency has committed sufficient human resources and budget allocations to its EEO programs to ensure successful operation.

Measure has been met

For all unmet measures, provide a brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency’s status report

Measures

Yes

No

B13. Does the EEO Director have the authority and funding to ensure implementation of agency EEO action plans to improve EEO program efficiency and/or eliminate identified barriers to the realization of equality of opportunity?

X

B14. Are sufficient personnel resources allocated to the EEO Program to ensure that agency self-assessments and self-analyses prescribed by EEO MD-715 are
conducted annually and to maintain an effective complaint processing system?

B19. Are other agency special emphasis programs monitored by the EEO Office for coordination and compliance with EEO guidelines and principles, such as FEORP-5 CFR 720; Veterans Employment Programs; and Black/African American; American Indian/Alaska Native, Asian American/Pacific Islander programs?

X

Compliance Indicator

The agency has committed sufficient budget to support the success of its EEO Programs.

Measure has been met

For all unmet measures, provide a brief explanation in the space below or complete and attach an EEOC FORM 715-01 PART H to the agency’s status report

Measures

Yes

No

B20. Are there sufficient resources to enable the agency to conduct a thorough barrier analysis of its workforce, including the provision of adequate data collection and tracking systems?

X

The Office of Civil Rights will re-establish the MD-715 Work Group to conduct barrier analysis.

B21. Is there sufficient budget allocated to all employees to utilize, when desired, all EEO programs, including the complaint processing program and ADR, and to make a request for reasonable accommodation? (Including subordinate level reporting components?)